Law: Limitation Act, 1908

Section: 91,120

Law: Limitation Act, 1908

Section: 91,120

Specific Relief Act (I of 1877)-------S. 42---Limitation Act (IX of 1908), Arts.91 & 120---Suit for declaration---Limitation---Suit was objected to on the ground of limitation---Objection was that suit was barred under Art.91 of Limitation Act, 1908 as same was filed after lapse of three years---Said objection was resisted by the plaintiff on the ground that documents pertaining to the suit property having been sought to be declared as Benamidar, Art.120 of Limitation Act, 1908 would be applicable in the case---Validity---Limitation being a mixed question of law and fact, required evidence---Objection was ruled out by High Court subject to all just exceptions and case was directed to be admitted for hearing the objection. Nazir Ahmed Serang v. Benoya Bhusan Saha PLD 1957 Dacca 575 and Abdul Rashid Velmi v. Habib-ur-Rehman and 2 others 1995 MLD 397 ref. Syed Ehsan Raza for Plaintiff. ORDER MRS. QAISER IQBAL, J.---The plaintiff has filed suit for declaration to the effect that the defendant is Benamidar of Property bearing No.A-1/B, measuring 249.50 square yards situated at Block No.4, Gulshan-e-Iqbal, Karachi and has sought further declaration that he is ostensible owner of the subject property, therefore, transfer of the property in the name of the defendant is illegal, void ab initio and physical possession of the property be ordered to be delivered by the defendant to the plaintiff. The office has raised objection that in view of the prayer clause (b) of the plaint suit is barred under Article 91 of the Limitation Act as admittedly sale-deed was executed on 18-11-2002 and instant suit has been filed after the lapse of three years, objection has been resisted by the learned counsel for the plaintiff on the ground that documents pertaining to the subject property are sought to be declared as Benamidar, therefore, Article 120 of the Limitation Act would be applicable. The document was executed on 18-11-2002, whereas the suit has been presented on 3-2-2007,…

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